 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Robertson v. City and County of Denver5/2/1994
ed in this section, the term "dangerous weapon" means a firearm silencer, machine gun, short shotgun, short rifle, or ballistic knife.
(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.
(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.
(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.
(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces to the Unites States or Colorado nation guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.
(Emphasis added.) Section 18-12-101, 8B C.R.S (1986), defines: "machine gun" as "any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger"; "short rifle" as "a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches"; and "short shotgun" as "a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches."
In my view, manufacture, possession, and use of firearms that by proper definition are assault weapons may also be regulated under the state's police power. The General Assembly may regulate assault weapons if the regulation does not prohibit or abrogate legal activity or unduly infringe on an individual's right to bear arms.
III
The majority notes: "This case presents questions of whether an ordinance banning the manufacture, sale, or possession of 'assault weapons' within the City and County of Denver violates article II, section 13 of the Colorado Constitution . . . ." Maj. op. at 3. Encompassed in this issue is whether the City and County of Denver has the authority to regulate firearms. Although the General Assembly has the power to regulate assault weapons, every hamlet and home-rule city does not have the same power. Local governments should not have a separate and different legislative definition, penalty, and proscription against the manufacture, use, and possession of so-called assault weapons. In my view, local regulation of firearms is an undue infringement on the right to bear arms under the Colorado Constitution and is preempted by state law.
The City and County of Denver is a home-rule city created under article XX of the Colorado Constitution. As such, Denver may exercise only those powers granted by the state constitution. article XX of the Colorado Constitution grants home-rule cites "the full right of self-government in both local and municipal matters." Colo. Const. art. XX, § 6; see also City & County of Denver v. Colorado River Water Conservation Dist., 696 P.2d 730, 740 (Colo. 1985); Four-County Capital Metro. Improvement Dist. v. Board of County Comm'rs, 149 Colo. 284, 294, 369 P.2d 67, 72 (1962).
If a matter is of statewide concern, a home-rule municipality is precluded from acting. City & County of Denver v. State, 788 P.2d 764, 767 (Colo. 1990); see also Colorado River Dist., 696 P.2d at 740
|